Introduction To Court Marriages In kolkata

Couples intending to legally formalise their union may find the shortened court marriage process a popular option for being legally valid and convenient. The court marriage process in Kolkata, a city with great vibrancy and variety of people will abide by the legal laws set out by the government of India. Thus, through this process it is guaranteed that the presence of the legally binding contract besides the celebration of love regards marriage as a lawful bond.

For a court marriage to start, the couple is required to file a Notice of Intended Marriage at the relevant Marriage Registrar’s office in Kolkata. This is the stage of a relationship wherein both parties may need to show their intent to marry and submit all requisite documents. in a well devised order of events, this is followed up by the submission of documents for verification and thenreserve publication for public notice.

Couples who navigate this path not only commit to one another personally but also to having their union recognised by the law and society at large. The essence of court marriage is embodied by the convergence of custom and legality in the heart of Kolkata, which provides couples with a seamless fusion of cultural resonance and legal legitimacy.

What Is The Eligibility Criteria For Court Marriages In Kolkata?

1. To marry in Kolkata, a person has to be of the minimal legal age which is equal for both male and female spouses. 18 and 21 are the minimum age limits for both of these couples.
2. The consent of the two couples has to be provided. The partners want to make promises to each other. They are not under any pressure or coercion to marry but have freely chosen to do so.
3. Some marriages are forbidden by religion and custom. Many laws and faiths prohibit certain relationships in India. It may be that neither of the spouses had been part of such relationships before getting married.
4. Bigamy is prohibited in Kolkata. Perhaps neither of the partners had ever been in a serious relationship before. If they were previously married, one of the spouses is deceased or they have a court divorce decree. Will require a death certificate or divorce decree.

How Is A Court Marriage Beneficial In Kolkata? 

1. In Kolkata, conventional marriages can be very costly; judicial marriages, on the other hand, are less costly.
2. Legal recognition of court marriages is also available in Kolkata, where a court-issued marriage certificate acts as evidence of the relationship.
3. A civil wedding that happens outside and isn't constrained by custom or religion is called a court marriage. Anyone can access it, regardless of caste, creed, or religion.
4. Court marriages are small-scale, private events with few guests and no ostentatious details.

Important Legislation Concerning Court Marriages And Marriage Registration

1. Special Marriage Act, 1954:

It is a statutory requirement for the court wedding and the marriage registration of the couples irrespective of caste or religion. This regulation prohibits the performance of traditional marriage rites or ceremonies during the ceremony.

The marriage ceremony is typically undertaken in thirty days. All interfaith marriages of all religions are governed by this Act. According to SMA 1954, marriages require parental consent.

2. Hindu Marriage Act, 1955:

The majority of those other than Hindus include Sikhs, Jains and Buddhists are regulated by means of the law. Under the Act, marriages can be registered in just three or four hours. Both partners have to belong to the same branch of Hinduism. Nevertheless, it is rather unimportant in what couples paired together.

1. Men and women are then forced to marry each other in their Arya Samaj Temple.
2. The Arya Samaj Temple will follow the rituals of Hinduism to solidify the union between two couples.
3. Important rituals such as Saptapadi (seven Pheras Around Fire), Mangal Sutra, and Daan-Sindoor are performed.
4. Arya Samaj’s marriage requires to consummate with two witnesses. Arya Samaj’s wedding will last about two hours.
5. The Arya Samaj marriage ceremony ends with the marriage being registered under Hindu Marriage Act of 1955 by a judge.
6. The marriage certificate is issued after the wedding ceremony.

3. Marriage Of Muslim Partners:

If both are Muslims, their marriages will be governed by Muslim personal law. Muslim Personal Laws. At the beginning of the Nikah, both genders are involved. Every married couple requires a Nikah-Nama signed by Kazi. Kazi.

In a few weeks, they will obtain their marriage certificates when the courts properly register their marriages.

4. The Indian Christian Marriage Act, 1972:

This applies to all Christians in Bangalore. Christian weddings are registered under the Indian Christian Marriage Act of 1872. First, they will marry at the church before two witnesses and a priest.

The Indian Christian Marriage Act of 1872 would stipulate that their union will be legally registered in court after the church service has taken place.

5. Parsi Marriage and Divorce Act, 1936:

The same applies to all Parsi religious congregations in Bangalore. There should also be a valid Parsi Marriage & Divorce Act of 1872 in cases of marriages between two Parsis.

What Are The Various Documents Required For A Court Marriage In Kolkata?

1. Identity/ID Proof: A current driver's licence, passport, or Pan Card, (any one).
2. Proof of address options include an Aadhar card, a gas or energy bill, a rent agreement and a voter ID card.
3. Birth certificate: The Class 10 Marksheet can serve as documentation of birth.
4. Divorce Decree: In order to get married, a formerly united couple who filed for divorce must provide their divorce decree.
5. Certificate of Death: This is only applicable to couples who have previously been together and one of them has passed away. The surviving partner is required to present the death certificate of the deceased spouse.
6. Photographs: Six passport-sized photos, of both male and female partners.

Documents For Witnesses:

1. For identification proof, A passport, driver's licence, or PAN card (any one).
2. Proof of address options include an Aadhar card, a gas or energy bill, a rent agreement and a voter ID card.
3. Photos: Two to three photos of every witness.

What Is The Procedure For Court Marriage In Kolkata?

1. The first step is to notify the Marriage Registrar's office in Kolkata where one or both of the parties has lived for at least 30 days before sending out the notice of intent to marry. The specified form (available at the registrar's office) must be completed by both partners.
2. Send in the application form and the required paperwork. Documents proving residency of Kolkata, age, and photos are common. 
3. The paperwork will be checked by the registrar in Kolkata, who will also post a notice for 30 days. This gives time for any objections to the marriage to be voiced.
4. After the 30-day notice period has passed and there are no objections, the marriage registrar will proceed with the marriage. In the event that concerns are voiced, the registrar will investigate and determine whether the marriage should go forward.
5. The marriage ceremony can take place at the registrar's office in Kolkata after the notice period has passed and either all objections have been addressed or none remain. Three witnesses and both parties must be present.
6. A marriage certificate will be given out by the marriage registrar following the ceremony. This certificate is a crucial legal document that attests to the marriage.

Documents Required If One of The Party Is A Foreign National

1. Duly signed application form by both the parties.
2. Copy of Passport with valid Visa for both Bride and Groom
3. Bride and Groom residential proof
4. Documentary evidence showing that one of the parties was staying for more than 30 days in district India(Proof of stay or report by the concerned SHO).
5. A foreigner partner is to provide the N.O.C or Marital Status certificate from the concerned Embassy or Consulate in India.
6. Death certificate or divorce documents, whichever is applicable, if one of the parties had any marriages previously.

Procedure for a Foreign National in Court Marriage

1. All documents will be verified at Marriage Registrar’s office
2. Other nation’s laws should not be in conflict with the laws of India.
3. Parties who have objection about this marriage will be duly published a notice.
4. 3 witnesses shall be present So, where there will be no objections during the notice period, marriage will take place.
5. Once the whole process is done, the Marriage certificate will be endorsed by the Marriage registrar.
6. All documents are authenticated at the Marriage Office Registrar.
7. Indian laws should not be contradictory to the law of other nations.
8. A notice for inviting objections regarding the marriage shall be published if any as predefined.
9. Failure to raise an objection then on the notice time is completed, the marriage may be solemnized.
10. It will then be solemnized after that at least three witnesses are present.
11. The marriage Certificate will be issued by the Marriage Registrar in addition to that.

Fees Payments For Court Marriage In Kolkata 

The parties need to pay the office of the marriage officer in Kolkata the court marriage fee. The cost of court marriage fee is different in each state. 500 and Rs. 1000.

Frequently Asked Questions (FAQs)

How long does judicial marriage take in Kolkata?

Ans: Court marriage process usually takes a few weeks but it varies. It depends on the availability of dates, document verifications and other formalities.

Can foreigners get married by court marriage in Kolkata?

Ans: Judicial marriages are possible for foreigners willing to get married in Kolkata. However, other documents may be required such as a No Objection Certificate NOC from the appropriate embassy.

Is it possible for me to register my marriage in any court located in Kolkata?

Ans: Well, in most instances you have to register your marriage in the state where either partner resides. The local marriage registrar’s office will deal with the registration.